Texas Personal Injury Law Blog

Workplace accidents happen every day despite safety regulations being enforced on a state and federal level. But this is no excuse for preventable catastrophic injury and wrongful death to employees who dedicate their entire lives to a company. Several updates have been provided on a daily basis since the recent coal mine explosion in West Virginia took place. At least 25 workers have been killed.

Based on one Nevada Appeal news story, rescuers have drilled into the Upper Big Branch mine in an effort to release some of the poisonous gas that was released. Rescue crews are hoping to make a safe passage into the coal mine and search for any potential survivors of the explosion. At the time of the article’s release, four workers were reported missing.

In what is the most terrible mining accident in the United States within the last twenty years, family members of those who have been lost, other miners, government officials and citizens throughout the nation are left wondering what can be done to make sure a tragedy like this does not happen again.

According to reports, an accumulation of methane due to improper ventilation may have caused the explosion. What is especially unnerving is that the Upper Big Branch mine has previously been cited for issues with its ventilation system, which is supposed to accurately get rid of highly combustible gas. An Associated Press analysis of mine safety records stated that similar to several other operators of mines, owner Massey Energy Co. has often avoided serious fines by actively appealing safety violations at the mine. The Mine Safety and Health Administration has assigned a team of investigators to examine the circumstances surrounding this explosion.

Wrongful death caused by workplace accidents can devastate families and cause much sorrow. Because these tragic accidents are so unexpected, family members of wrongful death victims are left to cope with the loss of a loved one in addition to potential financial strain. Although no amount of money can ever replace the ones we love, Texas wrongful death claims may help families recover compensation for loss of consortium and companionship as well as financial damages.

According to a recent Star Telegram article, a 52-year-old maintenance worker at Fort Worth’s Dannon plant died six days after suffering blunt force head and chest injuries during a mechanical entrapment accident. While an independent investigation into the fatal work accident in Forth Worth is being conducted by the Occupational Safety and Health Administration (OSHA), Dannon is also evaluating what conditions may have caused the worker to become pinned by a scissor lift in the plant.

While Dannon claims that they are currently working to thwart similar accidents from happening again, the company also speculates that the accident may have been caused by either equipment failure, the worker inadvertently falling on the scissor lift controls, or another undetermined reason. Any worker injured on the job in Texas may be able to file a workers’ compensation claim with their employer. If it is determined that a third party, such as the manufacturer of defective equipment, was negligent and caused a work injury accident, the injured worker may be able to seek compensation for medical bills, pain and suffering, and loss of past and future wages. Similarly, family members of deceased workers may also seek various forms of restitution for both their loss and the potential financial repercussions associated with losing the family’s primary breadwinner.

OSHA worker fatality statistics reveal that approximately 5,071 workers in the United States died on the job in 2008. Despite state and federal safety regulations and required employee training procedures, some employers or site managers may rush through safety training procedures, overlooking their important responsibilities and displaying an outright disregard for the well-being of their employees.

Only days after the U.S Department of Transportation announced on March 2, 2010 that 52 fatality reports have been connected to sudden acceleration accidents involving Toyota vehicles, a Wall Street Journal article highlighted a lawsuit being filed against Toyota. According to the article, the suit is on behalf of a family who was killed when the 2009 Lexus they were traveling in accelerated out of control at 120 mph along a freeway in San Diego, California.

Amidst a vast series of congressional hearings and national recall notices now totaling 8.5 million vehicles, this particular Toyota wrongful death suit may be one of the most challenging for Toyota to defend themselves against. The reason being that legal experts have said that the Lexus vehicle involved in the fatal crash was on loan from a dealership, and therefore should have been safe to drive. In a previous incident, the driver of the same vehicle had informed the dealer that the accelerator had become stuck while being driven. Furthermore, the article also points out that this particular model of Lexus vehicle had been equipped with thick floor mats intended for another type of vehicle design.

In reflecting on the serious scope of Toyota’s recalled vehicles, it is uncertain how many other accidents involving recalled Toyota and Lexus models may have been caused by unintended acceleration prior to the gas pedal defects being announced. Reportedly, the class-action status lawsuits that were filed for each wrongful death claim may potentially result in millions of dollars as compensation for damages.

The Texas personal injury and wrongful death firm of Steele Law, P.C. has assisted injured individuals and family members of wrongful death victims afflicted by auto accidents and defective products. We pride ourselves in treating our clients like family, and are dedicated to helping those afflicted by another person’s negligence receive the compensation they deserve.